Employment Law Manual (2012) - PDF

• Veteran or military status • Whistleblower activity • Arrest records • Marital status • Caregiver status • Sexual orientation/gender identity • State of residency • Political affiliation • Lawful off-duty activities, including firearm possession or ownership  Could the discharg...

• Veteran or military status • Whistleblower activity • Arrest records • Marital status • Caregiver status • Sexual orientation/gender identity • State of residency • Political affiliation • Lawful off-duty activities, including firearm possession or ownership  Could the discharge have the appearance of discriminating on the basis of one of the above protected categories?  Has the employee been a victim of abuse or harassment? Has the employee complained of abuse or harassment?  Is there any reason to believe the employee may have a disability that has impaired his or her work performance?  Has a request by the employee for a disability or religious accommodation been refused?  Has genetic information about the employee or his or her family member been revealed?  Is the employee pregnant?  Has the employee recently engaged in any political activities?  Has the employee recently requested a military leave?  Has the employee recently returned from a military leave?  Has the employee engaged in union activities?  Has the employee recently been called as a witness or served on jury duty?  Has the employee been promised any terms or conditions of employment by anyone in a position of authority?  Is the employee about to vest in any benefit? 84  Are the employee's wages being attached or garnished?  Has the employee recently been promoted, given a raise, or received a company commendation or award?  Has the employee complained about wages, hours, or other work conditions?  Has the employee reported company wrongdoing?  Did the employee refuse to do some activity because it was against the law?  Has the employee filed a grievance or complaint against the company?  Has the employee had medical treatment recently?  Has the employee filed a workers' compensation claim?  Has the employee applied for or returned from family medical leave recently?  Have false or malicious statements been made about the employee?  Has personal information about the employee been revealed?  Would the termination decision be any different if you knew the "facts" were to be reported in the local media? Reported on a Facebook page?  CHECKLIST: REDUCTIONS IN FORCE  Be certain there is a sound and defensible business reason for reducing the size of the work force.  If applicable, determine whether federal or state plant closing or mass layoff notice requirements have been satisfied (typically a responsibility of Human Resources or corporate counsel).  Conduct the legality review checklist, above, before selecting employees for the workforce reduction.  Have documentation to back up merit-based selections.  Make sure planned selections do not conflict with seniority rights under a union contract or company policy.  Ensure that the planned selections do not violate employment contracts with employees.  CHECKLIST: RESIGNATIONS  Determine whether the employee has provided advance notice of resignation if required by company policy. 85